If there are changes in circumstances, adjustments to child support can be made to account for these circumstances.
However, there are specific reasons for modifications, which must be proven sufficiently and authorized by the court through a new child support order that replaces the initial one. This process requires resources, such as time and expertise in this particular legal field.
At The Mitten Law Firm, our child support attorney will strategically apply the law to ensure that your petition for child support modification is well-supported, thereby enhancing the likelihood of approval. If you’re contesting a child support modification, we’re ready to attentively listen to your apprehensions and assertively champion your entitlements and your child’s best interests.
Can Child Support Be Modified in Michigan?
Child support is primarily intended for the child, which is why it can generally be modified. Either party can request a modification, and the amount of support may be raised or lowered based on the circumstances. The parties can agree to modify a support order, but if they can’t reach an agreement, a judge or a Friend of the Court Referee will decide whether or not to modify the order.
Modifications to child support may be either temporary or permanent. Temporary orders are common in emergency situations. For instance, if the custodial parent is injured, and the non-custodial parent takes care of the child while the custodial parent recovers, support may be suspended for the duration of the child’s stay with the non-custodial parent.
Factors Considered For Wayne County Child Support Modification
Child support orders are typically modified when there has been a change in circumstances by either party or the child. Courts will consider many different factors when determining if a support order should be modified. Common factors include:
Emancipation
When one or more children subject to the order have reached the age of emancipation, the order may be modified to remove them and order support only for those children still under the age of 18.
Change in Income
If either of the parties becomes unemployed through no fault of their own, the court may consider the reduction in income as a reason to modify the support order. On the other hand, if either of the parties has an increase in gross income, the court may consider that as well.
Disability
If any of the parties become disabled, the court may consider modifying the support amount. This includes any special needs the children under the order may develop.
Additional Children
When either of the parties has another child, the court may use this information to modify child support. If the non-custodial parent has another child, for example, the court will often reduce the support payments for the children on the original order.
How Are Changes Made To Child Support Orders in Wayne County?
Either party may file a motion with the court to have the matter of child support modification heard by a judge. They also have the option of hiring an attorney to help with a modification, or they may seek the services of their local child support office.
The parties may agree to modify the support, but keep in mind that the original order is still in effect until a new order is entered. This means that even if the parties come to an agreement outside of court, that agreement must go through the court system to become enforceable.
Why You Need A Wayne County Family Law Attorney to Modify Child Support
To alter child support, an existing court order must be modified, which can be a complex process for those unfamiliar with the legal system. An experienced family law attorney can help you navigate this process and provide guidance on the feasibility of the modification you’re seeking.
If both parties agree to the modification, a family law attorney can ensure that the changes are equitable based on the new circumstances. Ultimately, the decision is yours, but it’s important to keep in mind that your child’s welfare is at stake. Any changes in child support, whether an increase or decrease, can impact your child’s experience and ability to foster strong relationships with both parents.